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All ITAT

Incriminating document found during search of third party needs to be provided to assessee

August 18, 2023 1503 Views 0 comment Print

ITAT Mumbai remanded the matter back to the file of Assessing Officer as incriminating document found against the Assessee during search operation of third party is not provided to the Assessee.

Addition without incriminating material not sustainable for assessment unabated on search date

August 18, 2023 1143 Views 0 comment Print

ITAT Chennai held that in absence of incriminating material as a result of search, no addition can be made in the assessment framed u/s.143(3) r.w.s.153A of the Act, if such assessments are unabated on the date of search.

Order passed in the name of non-existing entity doesn’t survive

August 17, 2023 1632 Views 0 comment Print

ITAT Mumbai held that the assessment order passed in the name of non-existing entity will not survive. Accordingly, the assessment order is liable to be quashed and set aside.

Addition of trading loss on sale of tools and dies unsustainable

August 17, 2023 465 Views 0 comment Print

ITAT Delhi held that addition on account of trading loss on sale of tools and dies unsustainable as the loss was incurred for sustainable and longer partnership and the same has given rise to generation of profits in subsequent years.

ITAT found Disallowance of expenditure by lower authority excessive & unreasonably high

August 17, 2023 618 Views 0 comment Print

ITAT Lucknow held that amount of disallowance of expenditure, on presumption of leakage in the form of expenditure of personal nature, reduced as found that total amount of disallowance by lower authority was excessive and unreasonably high.

Addition of unexplained cash credit u/s 68 not sustained as nature and source explained

August 17, 2023 954 Views 0 comment Print

ITAT Delhi held that addition towards unexplained cash credit under section 68 of the Income Tax Act unsustainable as nature and source of credit duly explained by the assessee.

Addition u/s 68 sustained as genuineness of transaction in shares not proved

August 17, 2023 852 Views 0 comment Print

ITAT Mumbai held that addition of unexplained investment u/s 68 sustained as genuineness of transaction in shares not proved. Further, SEBI also found manipulative trade executed in entities to whom shares were sold by the assessee.

ITAT Upholds Penalties u/s 271A & 271B for Bookkeeping & Tax Audit Lapses

August 17, 2023 8337 Views 3 comments Print

Read analysis of ITAT judgment in Saraswati Gupta vs. ITO case confirming penalties under sections 271A and 271B for not maintaining and auditing books of account. Learn about the outcome and reasoning.

Expense incurred for earning only exempt income is not allowable as deduction

August 17, 2023 813 Views 0 comment Print

ITAT Mumbai held that expenditure claimed by the assessee relating to earning of only exempt income is not allowable as deduction. Accordingly, the whole expenditure incurred for earing exempt income cannot be allowed to carryforward.

Adoption of lower FMV based on DVO report unjustified as specific feature of property not considered

August 17, 2023 1512 Views 1 comment Print

ITAT Delhi held that there is no justification of adopting lower Fair Market Value (FMV) merely on the basis of DVO report as DVO has failed to consider the specific features of the property commanding higher value.

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